Court No. - 47
Case :- APPLICATION U/S 482 No. - 38581 of 2018 Applicant :- Uma Shanker Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Mahendra Kumar Yadav,Harish Chandra Pal Counsel for Opposite Party :- G.A.
Hon'ble Umesh Chandra Tripathi,J.
Heard learned counsel for the applicant and learned A. G. A. for the State.
This application u/s 482 Cr.P.C. has been filed by the applicant with the prayer to quash the charge sheet dated 18.02.2018 as well as cognizance order in Case No. Nil (State Vs. Uma Shanker), Case Crime No. 0005 of 2018, under Section 135 Indian Electricity Act (Amendment) 2003, Police Station- Sirauli, District- Bareilly.
Learned counsel for the applicants contended that no offence against the applicant is disclosed. Present case has been filed with a mala fide intention for the purposes of harassment. He further contended that the entire allegations made against the applicant are false and fabricated.
Learned A.G.A. contended that there is no illegality in the impugned order by the trial court.
From the perusal of the material on record and looking into the facts of the case, at this stage it cannot be said that no offence is made out against the applicant. Dispute of facts is to be examined by the trial court on the basis of evidence, not by this Court at this stage.
In view of the above, the prayer for quashing the charge sheet as well as cognizance order in the aforesaid case is refused.
It is directed that in case the applicant appears and surrenders before the court below and applies for bail, his prayer for bail shall be considered and decided expeditiously.
For a period of 45 days from today, no coercive action shall be taken against the applicant in the present case.
With the above directions, this application u/s 482 Cr.P.C. is disposed of finally.
Order Date :- 26.10.2018 Sharad/-